Implementation Guidelines - Federal Transit Administration - U.S. ...

in the Code of Federal Regulations.” At that time, FTA noted that while the drug and
alcohol testing rules shared many similarities, there were still enough differences to
warrant two distinct CFR Parts. On February 15, 1994, FTA adopted two separate rules:
the drug testing rule, 49 CFR Part 653, and the alcohol testing rule, 49 CFR Part 654.
(59 FR 7549 and 59 FR 7572).
Since the rules were first published, there have been two notable amendments as
well as several minor (technical) amendments. In December 1998, FTA amended its
post-accident regulation to allow an employer to seek post-accident test results from law
enforcement agencies where the employer has been unable to timely perform such a test.
(63 FR 67612). FTA has stressed the limited applicability of this amendment.
In January 1999, FTA amended its definition of “[m]aintaining a revenue service
vehicle or equipment,” located under safety-sensitive function (§653.7 and §654.7). (64
FR 425). The amended definition included covered employees of both recipients and
contractors performing overhaul and rebuilding services of engines, parts, and vehicles.
Previously, employees of contractors who were performing safety-sensitive functions did
not have to comply with FTA drug and alcohol testing.
In issuing the amended definition, FTA noted that it would be unduly burdensome
to subject the covered employees of contractors to the drug and alcohol regulations if the
overhaul/rebuilding work was done on an ad hoc or one-time basis where no long-term
contract between the grantee and its contractor existed. (64 FR 426). FTA will continue
to exclude the covered employees of contactors who perform safety-sensitive functions
on an ad hoc or one-time basis.
5